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In re Fedick — Court denied mandamus seeking a free case file for a habeas application

Unreported / Non-Citable

Case
In re John A. Fedick
Court
Texas Ninth Court of Appeals
Judge
Golemon, C.J. (elected 2020); Johnson, J. (Rick Perry, 2013); Wright, J. (elected 2023)
Date Decided
October 7, 2026
Docket No.
09-26-00388-CR
Topics
Mandamus, Habeas Corpus, Indigent Defendants
Source
Read the full opinion

Background

John A. Fedick filed an original petition for a writ of mandamus asking the Ninth Court of Appeals to compel the trial court to direct the San Jacinto County District Clerk to provide him with a copy of the case file in Trial Cause No. 12852. Fedick wanted the file to prepare an application for a writ of habeas corpus.

Fedick stated that on February 23, 2026, he sent the district clerk a request for an “indigent copy of trial transcript.” To obtain mandamus relief in a criminal case, he had to establish both that he lacked an adequate remedy at law and that the requested act was ministerial rather than discretionary.

The Court’s Holding

The court denied the petition. It explained that although indigent defendants have rights to appointed counsel and a free trial record on direct appeal, those rights do not extend to discretionary review or collateral attacks on convictions.

An indigent inmate exercising the constitutional right of access to the courts is entitled to learn how much a transcript would cost for use in preparing a habeas application. Fedick, however, did not show that he requested cost information; he requested a free record. He therefore failed to establish entitlement to the mandamus relief sought.

Key Takeaways

  • An indigent defendant is not automatically entitled to a free trial record for a collateral attack on a conviction.
  • An indigent inmate may request information about the cost of obtaining a transcript for preparation of a habeas application.
  • A request for a free record does not establish a ministerial duty to provide the cost information or the record itself.

Why It Matters

The decision distinguishes an indigent inmate’s right to obtain pricing information for a trial transcript from a claimed right to receive the transcript without charge. A mandamus petitioner must show that the precise relief requested is required by a ministerial duty.

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